General terms and conditions of business

 

 

General Terms and Conditions of KidsCircle UG (haftungsbeschränkt) for companies, event organisers and other organisations (GTC for entrepreneurs)

These terms and conditions only apply to companies, event organisers and other organisations who wish to offer KidsCircle UG's childcare services to their employees or participants. If you are a consumer, our general terms and conditions of KidsCircle UG for participation in childcare services by consumersapply to you .

 

1. scope of application, benefits

1.1 KidsCircle UG (haftungsbeschränkt) with its registered office at Stubbenkammerstr. 13, 10437 Berlin, registered in the Commercial Register of Berlin-Charlottenburg under HRB 216174 B, (hereinafter referred to as the "Organiser" or "KidsCircle") offers childcare via its websites at www.kidscircle.de and www.kidscircle.io (hereinafter referred to as the "Websites") which can be conducted online via video conference and can be booked by parents/guardians (hereinafter referred to as "Parents" or "Parent" ). These T&Cs apply between the Organiser and the company (hereinafter referred to as the "Client") who is the employer of a Parent and apply exclusively to the childcare services offered by KidsCircle which are provided by Coaches who are either employed by KidsCircle or commissioned by KidsCircle (hereinafter collectively referred to as the "Kids Coaches"). The client's contractual partner is exclusively KidsCircle.

1.2 These GTC only apply if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. These GTC apply in their respective version as a framework agreement also for future contracts for the sale of time quotas for childcare with the same customer without KidsCircle having to refer to them again in each individual case. These GTC apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Customer shall only become part of the contract if and to the extent that KidsCircle has expressly agreed to their validity. This consent requirement applies in all cases, for example even if KidsCircle carries out the delivery of the time quotas to the customer without reservation in the knowledge of the customer's GTC.

1.3 The Organiser provides digital childcare for parents. The childcare and related services offered by KidsCircle are exclusively for Participants aged 4 years and older.

 

 

2 Conclusion of contract, terms of payment, conditions of participation

2.1 The Client can purchase a certain amount of time for its employees or participants (parents who want to use KidsCircle's services) and make this available to its employees or participants in the form of voucher codes. Each voucher code is valid for a certain period of time (e.g. 60 / 90 / 120 minutes). The time quota is calculated by multiplying the number of voucher codes by the time period per voucher code.

2.2 The conclusion of the contract for the purchase of a specific time quota is effected by means of an offer from KidsCircle and acceptance of the offer by the Customer, whereby at least the text form (§ 126b BGB) is required for the offer and acceptance. The offer is made either by email or via the websites. Upon receipt of the acceptance of the offer, KidsCircle will prepare a proper invoice and send it to an email address to be provided by the customer for this purpose.

2.3 The prices stated on our offers are net prices. Value added tax is shown separately, if applicable. Payment shall be made exclusively by advance payment to the bank account stated on the offer and shall be due immediately after invoicing, unless otherwise stated on the invoice. Any deduction (discount etc.) is excluded.

2.4 Upon receipt of the total invoice amount, KidsCircle will send the Customer a voucher code representing the purchased time quota. This voucher code is valid for 365 calendar days from the date of the offer confirmation or order. The voucher code can be used by parents when booking childcare on a website provided for this purpose at www.kidscircle.de or www.kidscircle.io to make a binding booking for the desired Childcare at no further cost. As soon as the time quota has been used up by booking corresponding childcare services, the voucher code loses its validity. After the binding booking of childcare by a parent, revocation and cancellation are excluded in accordance with the GTC for parents (see below in section 2.5). Rebooking is only permitted under the terms and conditions stated in the GTC for Parents.

2.5 The booking of childcare by parents is subject to KidsCircle's General Terms and Conditions for Participation in Childcare Services by Consumers (GTC for Parents), insofar as the GTC for Parents contain further or more specific provisions (e.g. with regard to the required data for the children to be cared for, changes to services, rebookings or cancellations). Parents must agree to the validity of the GTC for Parents before making a binding booking for childcare.

 

 

3. implementation of childcare

The digital childcare services are provided in the form of a video conference with a maximum of 4 children per group by a Kids Coach and are realised by using the video conference solution of the company Video Communication Services AS, Gate 1 no. 101, 6700 Måløy, Norway ("Whereby"). Whereby's terms of use are available here.

 

 

4 Warranty and liability

4.1 The warranty shall be governed by the mandatory statutory provisions. A specific guarantee or assurance is expressly not assumed.

4.2 KidsCircle's liability is limited to damages caused by intentional or grossly negligent injuries by KidsCircle and persons commissioned by KidsCircle. Liability is otherwise excluded. Liability towards parents is governed by the GTC for Parents.

 

 

5. notes on data processing

You can read information on the handling of personal data at https://www.kidscircle.io/datenschutz. If we use data for advertising purposes, in particular a personal e-mail address to advertise our own similar services or products, the data subject can send your advertising revocation at any time to the known contact details and unsubscribe from future advertising.

 

 

6 Amendments, severability clause, applicable law and jurisdiction

6.1 KidsCircle reserves the right to change these Terms and Conditions at any time with effect for the future without any obligation to notify the Customer. The current version of these GTC can be viewed at www.kidscircle.io from the time of their validity.

6.2 Should provisions of these GTC or a future supplement be wholly or partially invalid or unenforceable or subsequently lose their legal validity or enforceability, the validity of the remaining provisions of the GTC shall remain unaffected. The same applies if it turns out that the GTC contain a loophole. In place of the invalid or unenforceable provision or in order to fill the gap, an appropriate provision shall apply which comes as close as possible in law to what the parties intended or would have intended in accordance with the meaning and purpose of the contract, insofar as they did so when concluding this contract or would have taken into account the time of the subsequent acceptance of the provision.

6.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

6.4 The place of jurisdiction is the registered office of KidsCircle. KidsCircle can also sue the customer at the customer's registered office.

 

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Berlin, 8.05.2021

Do you have any questions about our terms and conditions? Then please send us an email to info@kidscircle.io. We will get in touch with you.

 

General terms and conditions of business

 

General Terms and Conditions of KidsCircle UG (haftungsbeschränkt) for the Participation in Childcare Services by Consumers (Terms and Conditions for Parents)

If you are an entrepreneur and wish to offer KidsCircle's childcare services to employees or participants, you are subject to our KidsCircle's General Terms and Conditions for the Provision of Childcare Services to Entrepreneurs.


1. scope of application, benefits

1.1 KidsCircle UG (haftungsbeschränkt) with its registered office at Stubbenkammerstr. 13, 10437 Berlin, registered with the Berlin-Charlottenburg Commercial Register under HRB 216174 B, (hereinafter "Organiser" or "KidsCircle") offers via its websites on www.kidscircle.de and www.kidscircle.io (hereinafter the " websites"), which is conducted online via video conferencing and is accessed by consumers, such as parents of the children to be cared for (hereinafter also referred to as "Customer or customer") are booked. These GTC apply between the Organiser and the respective Client for the childcare services booked and paid for exclusively via the Websites, which are provided either by coaches employed by KidsCircle or external coaches commissioned by KidsCircle (hereinafter collectively referred to as the "Kids-Coaches") are carried out. The contractual partner of the clients is exclusively KidsCircle.

1.2 The Organiser offers digital childcare. The childcare and related services offered by KidsCircle are exclusively for Participants aged 4 years and older.

2 Conclusion of the contract, participation requirements, implementation of childcare

2.1 Registration is required for booking a childcare service. The customer must truthfully provide all information marked as required during the booking process. In particular, the provision of data on the participants is mandatory in order to be able to guarantee a professional care service and to avoid misuse.

2.2 KidsCircle's childcare offers on the Websites each constitute a legally binding offer within the meaning of § 145 BGB (German Civil Code). After entering the personal data in the booking process and by clicking on the booking button in the final step of the booking process, the customer makes a binding booking of the selected childcare services and orders the necessary access data. For this purpose, the customer is shown a confirmation window with the details of the booking before the booking process is completed. In this window, the customer can check and correct his/her entries. Immediately after submitting the booking, the customer will receive an e-mail confirming the conclusion of the contract for the childcare services booked. This confirmation, together with the dial-in data sent in a second e-mail, constitutes a "care ticketticket".

2.3 The booking of a childcare offer is possible up to 3 hours before the start of the childcare offer. The childcare starts at the time of the video conference as indicated in the childcare offer on the website and in the contract confirmation email.

2.4 The childcare ticket entitles the holder to participate in the specific childcare offer booked on the date selected at the time of booking. It is not possible to change the booking to another date. If an appointment cannot take place due to illness of a Kids-Coach, KidsCircle will endeavour to offer an alternative appointment. There is no legal claim to this. If no alternative date can be offered, the client will receive a credit note in the amount of the childcare ticket.

2.5 The digital childcare services are provided by a Kids Coach in the form of a video conference with a maximum of 4 children per group and are delivered through the use of the video conferencing solution provided by Video Communication Services AS, Gate 1 no. 101, 6700 Måløy, Norway ("Whereby"). The terms of use of Whereby are here available here. If Whereby is not available for a longer period of time, KidsCircle will make every effort to switch to another video service; there is no legal claim to this. Short-term interruptions of childcare or short-term cancellations of booked childcare due to short-term technical difficulties or the short-term unavailability of the Whereby service do not entitle the customer to claim a refund.


3. prices and payment

The prices stated on the websites are total prices (including VAT if applicable). For payment, the customer has the specified payment methods at his or her disposal. The organiser works together with the payment providers Paypal and Stripe. When using these payment service providers, the respective terms of use of Paypal or Stripe apply in addition.


4. retention of title, right of withdrawal in case of non-payment

Issued childcare tickets remain the property of KidsCircle until payment has been made in full. If payment is not received within the respective payment deadline, KidsCircle is entitled to cancel or block the respective care tickets without the need for KidsCircle to set a specific deadline or send a reminder. Any further rights of KidsCircle remain unaffected.


5. legal right of withdrawal, cancellation

5.1 As KidsCircle offers services in the area of leisure activities on a specific date or period of time, in particular childcare tickets for specific childcare services with a specific date, there is no right of withdrawal (cf. § 312 g para. 2 no. 9 BGB). All childcare services are offered for a specific date. Therefore, there is no statutory right of withdrawal.

5.2 The cancellation of booked and received childcare tickets for the childcare offered by KidsCircle by the Customer is also excluded.


6. change of service, rebooking, withdrawal

6.1 KidsCircle is entitled to make changes of an insignificant nature to the content of booked childcare services if this is necessary. Insignificant changes are when a Kids-Coach has to be replaced due to illness or the time of a childcare offer is postponed by a maximum of 30 minutes for organisational reasons.

6.2 In the event of a significant change in the essential content of the booked childcare service, the client is entitled to withdraw from the contract with KidsCircle or to transfer to another childcare service free of charge. In case of price differences, the respective difference will be refunded or has to be compensated by the client.

6.3 KidsCircle is entitled to cancel a childcare offer at short notice due to illness or other cases of force majeure. In this case, the customer will be informed immediately by SMS/email and is entitled to change to another childcare offer free of charge or to request a refund of the purchase price. In the event of price differences, the respective difference will be refunded or must be compensated by the customer.

6.4 KidsCircle is entitled to withdraw from the contract with the client for good cause until the booked childcare service has been provided. An important reason is, for example, if the Kids-Coach entrusted with the implementation of the childcare offer no longer works with KidsCircle or if the implementation of the childcare offer is impossible due to force majeure. In these cases, care tickets that have already been paid for will be refunded.


7. warranty

The warranty shall be governed by the mandatory statutory provisions. A specific guarantee or assurance is expressly not assumed.


8. liability

8.1 KidsCircle's liability is limited to damages caused by intentional and grossly negligent injuries by KidsCircle (including employed Kids-Coaches) and persons commissioned by KidsCircle (including external Kids-Coaches).

8.2 Furthermore, KidsCircle is liable for the negligent breach of obligations, the fulfilment of which is essential for the proper execution of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which you as a customer may regularly rely on. In the latter case, however, KidsCircle is only liable for the foreseeable, contract-typical damage. KidsCircle is not liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.

8.3 The above exclusions of liability shall not apply in the event of injury to life, limb or health.

8.4 Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect KidsCircle is not liable for the constant and uninterrupted availability of our websites. KidsCircle is furthermore not liable for the constant availability of Whereby.


9. notes on data processing

Please read information on the handling of personal data at https://www.kidscircle.de/datenschutz. If KidsCircle uses your data for advertising purposes, in particular your email address to advertise its own similar services or products, you can send your advertising revocation at any time to the known contact details and unsubscribe from future advertising.


10 Amendments, severability clause, applicable law and jurisdiction

10.1 KidsCircle reserves the right to amend or renew these Terms and Conditions at any time with effect for the future without any obligation to notify the Customer. The current version of these GTC can be viewed on the website from the time of their validity.

10.2 If any provisions of these GTC or a future supplement are wholly or partially invalid or unenforceable or subsequently lose their legal validity or enforceability, the validity of the remaining provisions of the GTC shall remain unaffected. The same applies if it turns out that the GTC contain a loophole. In place of the invalid or unenforceable provision or in order to fill the gap, an appropriate provision shall apply which comes as close as possible in law to what the parties intended or would have intended in accordance with the meaning and purpose of the contract, insofar as they did so when concluding this contract or would have taken into account the time of the subsequent acceptance of the provision.

10.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if (a) you have your habitual residence in Germany, or (b) your habitual residence is in a state that is not a member of the European Union. In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

10.4 Insofar as you have your domicile or habitual residence in Germany at the time of conclusion of the contract and have either moved out of Germany at the time we file an action or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Berlin.

10.5 We would like to point out that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the internet address: http://ec.europa.eu/consumers/odr. Our email address is: info@kidscircle.io. We would like to point out in accordance with § 36 VSBG that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

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Berlin, 8.5.2021

Do you have any questions about our GTC? Then please send us an e-mail to kundenservice@kidscircle.io. We will get in touch with you.